Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 304

For this part, a vehicle or a combination is unattended if—

        (a)     if a police officer or authorised person is near the vehicle or combination—there is, after inspection and enquiry by the officer or person that is reasonable in the circumstances, apparently no one in or near the vehicle or combination who appears to be a driver of the vehicle or combination; or

        (b)     if a police officer or authorised person is not near the vehicle or combination but is able to inspect the area near the vehicle or combination by way of a camera or other remote surveillance system—there is, after inspection by the officer or person that is reasonable in the circumstances, apparently no one in or near the vehicle or combination who appears to be a driver of the vehicle or combination; or

        (c)     if there appears to be a person (the assumed driver ) who is the driver of the vehicle or combination in or near the vehicle or combination—the police officer or authorised person believes on reasonable grounds that—

              (i)     the assumed driver is not qualified, not fit or not authorised to drive the vehicle or a combination; or

              (ii)     the assumed driver is or appears to be unwilling to drive the vehicle or a combination; or

              (iii)     the assumed driver is subject to a direction under section 315 (Directions to leave vehicles and combinations) for the vehicle or combination.

Note     Qualified to drive a vehicle or combination—see  s 301.
"Fit" to drive a vehicle or combination—see  s 302.
"Authorised" to drive a vehicle or combination—see  s 303.